News & analysis of the United States Court of Appeals for the Third Circuit, by Matthew Stiegler

New opinion — firing employee for refusing to be vaccinated wasn’t religious discrimination

An employee of a Catholic hospital refused to get a flu shot on grounds that he claimed were religious. When the hospital fired him, he sued, alleging religious discrimination. The district court dismissed his suit, and today the Third Circuit affirmed. The opinion includes a fascinating discussion of how “belief in God or diving beings was not necessary” for a belief to be considered religious: “nontheistic beliefs could also be religious within the meaning of the statute as long as they occupy in the life of that individual a place parallel to that filled by God in traditionally religious persons.” (Cleaned up). The opinion rejected the employee’s argument that his anti-vaccination views were religious.

Joining Roth were Smith and Jordan. Arguing counsel were Alan Schorr of Cherry Hill NJ for the employee and former Greenberg clerk Andrea Kirshenbaum of Post & Schell for the hospital.